DANIEL-KALIO JCA (Delivering the Lead Judgment): The appeal here is over the judgment of the High Court of Ogun State (the lower court) in a criminal matter. The appellant was one of three accused persons charged with conspiracy. The charge preferred against the appellant and the two others before the lower court reads:
“Statement of offence Conspiracy to commit armed robbery, contrary to section 6(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap. R.II), Laws of the Federation of Nigeria, 2004.
Particulars of offence Dele Babalola (m) Segun James (m) Tosin Avodewu (m), on or about 17 January, 2008 at Idosa Village via Ifoyin, Ipokia in the Ilaro Judicial Division, conspired to commit armed robbery.”
The prosecution called five (5) witnesses. The appellant testified in his own behalf. At the conclusion of hearing, the learned trial judge delivered his judgment. The judgment was delivered on 31 March 2014. The learned trial judge found that …